Motorcycle Accidents Attorney In Des Moines, Iowa

Iowa sits at the crossroads of America. Motorcyclists from across the nation travel on I-35 and I-80, crisscrossing our state while traveling to our towns and cities throughout our beautiful rural countryside.

If you were injured or lost a loved one in a motorcycle accident occurring in Iowa, call 515-644-4871, for local representation. We are a premier personal injury litigation firm with a 25-year record of successfully helping injured bikers and passengers recover full and fair monetary damages for:

• Medical treatment and care
• Lost earnings and wages
• Pain and suffering

Our Des Moines attorneys have earned a reputation for integrity and commitment. Insurance companies know that we come to settlement negotiations fully prepared to take the evidence to trial. Our case results include several trial verdicts and significant settlements on behalf of clients injured in motorcycle and other types of motor vehicle accidents.

When Are Motorcycle Accidents Most Likely To Happen?

With the precariousness of commanding a vehicle with two wheels rather than four and the lack of protection from external forces and factors, motorcycle riders already run a higher risk of accidents than drivers. But what other factors are significant predictors of motorcycle crashes? The data gathered by the National Safety Council shows clear trends.

The first factor that affects the likelihood of a motorcycle crash is geographical location. In 2021, most motorcycle crashes happened in urban environments across the nation – nearly 68%. By contrast, only about 33% of motorcycle crashes occurred in rural areas.

The next significant predictor is the weather. You’d think more accidents would happen when it’s rainy or foggy, but that’s not the case. In 2021, nearly 83% of motorcycle crashes happened in clear or cloudy weather. This figure is likely attributed to motorcyclists’ tendency to ride when the weather is nice.

Another factor involved in motorcycle crashes is the time of day. While the split is less dramatic here, accidents are slightly more likely to happen at night. In 2021, about 50% of motorcycle crashes happened at night, while about 49% happened during the day. These figures make sense since motorcyclists prefer to ride during the day. Still, the few motorcyclists who go out at night are more likely to get into an accident due to decreased visibility.

Finally, alcohol is a factor that’s behind many motorcycle accidents. In 2021, only about 28% of motorcyclists were impaired at the time of their crash. So, we can surmise that impaired drivers are the more likely culprits. Some drivers find it difficult to notice and share the road safely with motorcyclists when sober, so the task becomes even trickier with alcohol involved.

What To Expect During The Motorcycle Accident Claims Process

Handling a motorcycle accident claim can be complex, but knowing the process can help you make informed decisions. Often, after an accident, insurance companies aim to offer the least possible compensation, making it essential to understand the key steps involved after a motorcycle accident.

Working with an experienced motorcycle accident attorney can help protect your rights and improve your chances of obtaining fair compensation. After a motorcycle accident, these are some of the steps to take for your claim:

• Report the accident to law enforcement and seek medical attention, even if injuries seem minor
• Gather evidence at the scene such as photos of vehicle damage, road conditions and injuries
• If possible, collect witness statements and contact information
• Notify your insurance company about the accident
• Seek legal guidance as soon as possible, as an experienced motorcycle accident attorney can help ensure your rights are protected from the beginning

A motorcycle accident lawyer will conduct a thorough investigation to build a strong case. This includes:

• Reviewing police reports and medical records
• Speaking with witnesses
• Consulting with experts such as accident reconstruction specialists

They also collect and analyze physical evidence, such as vehicle damage and road debris, to determine fault. Preserving evidence and maintaining detailed documentation is vital for strengthening your claim and increasing the likelihood of a favorable outcome.

Once enough evidence is gathered, the attorney will file a claim with the insurance company. This process usually begins with a demand letter outlining the following:

• The accident details
• The extent of your injuries
• The compensation being sought

The insurance company may attempt to minimize your claim, making negotiations a critical step. A skilled attorney can advocate for your rights, handle negotiations and work toward securing a fair settlement that covers medical expenses, lost wages and other damages.

If settlement negotiations fail, the case may proceed to trial. This process begins with filing a lawsuit, followed by pretrial discovery, where both sides exchange evidence and take depositions. Attorneys will prepare legal arguments, gather expert testimony and present a compelling case before a judge or jury.

Evidence such as accident reports, medical records and witness statements will be introduced during the trial to prove liability and damages. Trials can be time-consuming and complex, but an experienced lawyer will advocate for your best interests. While most cases settle before trial, being prepared for litigation strengthens your position for a favorable resolution.

Working with an experienced attorney can help you navigate the process and improve your chances of securing the compensation you deserve. Seeking legal guidance early on can have a significant impact on your case. Our attorneys are ready to provide guidance and support for the best possible outcome.

We Know Iowa Roads And Traffic Laws – Your Local Legal Counsel

We are not a “conveyor belt” personal injury mill. We take the time to listen and care about our clients’ needs and concerns. We thoroughly investigate every component of your case and fight for the highest compensation possible for your motorcycle accident claim.

The Importance Of Seeking Medical Attention After A Motorcycle Accident

After a motorcycle accident, your first priority should be your health. Even if you feel fine, unseen injuries may be present. What seems like a minor ache today can become a serious medical issue if ignored. Seeking prompt care helps protect both your well-being and your legal claim.

Delaying treatment after a crash can also lead to lasting damage. Some injuries, like internal bleeding or brain trauma, may not show symptoms right away. Others, such as whiplash or soft tissue damage, can worsen over time without proper care. Seeing a doctor immediately allows you to identify and treat these injuries early. Early intervention also improves recovery time, reduces complications and helps avoid long-term health problems.

Some of the most serious motorcycle injuries are not always obvious. These can include:

• Concussions and brain injuries: Symptoms may take hours or days to appear, but they can be life-threatening if untreated.
• Spinal cord injuries or herniated discs: A minor fall or impact can lead to nerve damage, numbness or long-term mobility issues.
• Internal bleeding or organ damage: These can progress silently and only become evident when it’s too late for simple treatment.

A thorough medical evaluation can identify injuries early and prevent serious complications. Delaying care not only puts your health at risk but also weakens your legal position. Insurance companies may claim your injuries aren’t serious or weren’t caused by the accident, which can reduce your compensation or delay your payout.

Prompt medical attention creates a clear link between the accident and your injuries. It protects your physical well-being and supports your claim. After a motorcycle crash, prioritize your health. Seeing a doctor right away is one of the most important steps you can take.

Frequently Asked Questions About Motorcycle Accidents

How long does a typical motorcycle accident take to resolve in Iowa?

There is no set timeline for a motorcycle accident case to be resolved. There is, however, a statute of limitations to file the motorcycle accident claim. It is two years from the day the accident happened. If you miss this deadline, you will likely not be able to bring the lawsuit against the at-fault party, so it is better to file the case as soon as you can. We can help you with this process.

When it comes to the case settling or going to trial, the timeline can vary based on the circumstances of the case. Some of the things that can extend the duration of the case are the complexity of it, the question of liability and the nature of the injuries that resulted from the accident.

If liability is clear, the case is typically easier to resolve. If liability is contested, the case may take longer. The same is true for the extent of the injuries. For example, a case of broken bones that heal quickly may take only a few months to settle. Catastrophic injuries, such as a spinal cord injury or traumatic brain injury, may take longer to resolve. If it is a wrongful death case, it may take longer as well.

When the amount of compensation sought is higher, perhaps $1 million or more, the case is also more likely to go to trial, which can take several years. Two to three years is not uncommon in personal injury cases that proceed to trial.

What should you do if the at-fault driver doesn’t have insurance?

Try to get their contact information or at least their license plate number in this situation. You should also call 911 if anyone was injured and/or to report a hit-and-run if the driver left the scene of the accident.

It is a good idea to speak with a lawyer as soon as possible after the accident. We have experience with accidents involving uninsured and underinsured drivers. We will explain your options and provide advice about what to say to your insurance company.

Your motorcycle policy may include uninsured/underinsured drivers coverage. We can review your policy and let you know what your options are.

Can you still recover damages if you are partially at fault for your motorcycle accident?

Yes, in some cases, you can. In Iowa, you can recover damages if you were 50% or less responsible for the motorcycle accident. Your amount of compensation will be reduced by the percentage of fault you had, however. For example, if you were found to be 25% at fault for the accident, your settlement or jury award will be reduced by 25%.

Don’t Talk To The Insurance Company Until You Talk To Us

The right personal injury lawyer will often make a significant difference in the amount of financial damages you recover. Call 515-644-4871 or 402-979-8675, or send an email to arrange a free consultation by phone or in person with one of our motorcycle crash injury and wrongful death lawyers as soon as possible.